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(영문) 전주지방법원 2017.12.15 2017고단1812
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 24, 2017, the Defendant is a married person, and the victim C (n, 20 years of age) and the same company from July 17, 2017, and the Defendant moved to the former workplace from August 2017, and the Defendant was on July 24, 2017, with the victim, she was able to singing on the E-sing point located in Suwon-gu, Busan.

At around 22:00 of the same day, the Defendant, while singing together with the victim, committed an indecent act by force against the victim, by singing the victim “I want to kis. I want to do so,” even though the victim was her hand when the victim was her, kis the victim kis, her kis, and her chest was her hand, and the victim was her chestd with the victim, but she continued to do so with both arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to text messages);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances: (a) the Defendant acknowledged the instant crime; (b) the Defendant agreed with the victim that the injured party does not want the Defendant; and (c) the Defendant has no record of criminal punishment, as well as the Defendant was subject to a fine twice due to a double-class crime; and (d) other factors such as the Defendant’s age, sex, criminal conduct, environment, motive, means and consequence of the crime; and (b) other factors of sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, etc., as indicated in the instant records

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 43 of the same Act.

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